United States District Court, E.D. Missouri, Eastern Division
MEMORANDUM AND ORDER
STEPHEN N. LIMBAUGH, JR. UNITED STATES DISTRICT JUDGE
matter is before the Court upon plaintiff Divine King
Kingdom's submission of a civil complaint and a motion
for leave to proceed in forma pauperis. Upon consideration of
the motion and the financial information provided therein,
the Court finds that plaintiff is unable to pay the filing
fee. The motion will therefore be granted. Additionally, for
the reasons explained below, the Court will dismiss the
complaint because it is frivolous and fails to state a claim
upon which relief may be granted.
Standard on Initial Review
Court is required to dismiss an action filed in forma
pauperis upon the determination that, inter alia, it is
frivolous. See 28 U.S.C. § 1915(e)(2)(B)(i). An
action is frivolous if it "lacks an arguable basis in
either law or fact." Neitzke v. Williams, 490
U.S. 319, 328 (1989). The term "'frivolous,'
when applied to a complaint, embraces not only the inarguable
legal conclusion, but also the fanciful factual
allegation." Id. While federal courts should
not dismiss an action commenced in forma pauperis if the
facts alleged are merely unlikely, the court can properly
dismiss such an action if the allegations in the complaint
are found to be "clearly baseless." Denton v.
Hernandez, 504 U.S. 25, 32-33 (1992) (citing
Neitzke, 490 U.S. 319). Allegations are clearly
baseless if they are "fanciful,"
"fantastic," or "delusional," or if they
"rise to the level of the irrational or the wholly
filed the instant complaint against this United States
District Court. He invokes this Court's federal question
jurisdiction and avers that this case involves his First
Amendment right to religious freedom. He also avers that the
amount in controversy is "unlimited amount of funds to
my church bank acct. My Civil. Rights are broken by the
law." (ECF No. 1 at 4). He alleges as follows.
1. I inherited Lord of 5 civilized tribes on my grandfather
death in 2007, I was honored thru ceremony ritual in 2017. I
have been discriminated against for my religion by the
State of Missouri USA.
3. My home address on my MO drivers license 4. Inflamed
5. They failed to protect my civil liberties.
Id. at 5 (editing marks in original). In setting
forth his claim for relief, plaintiff writes: "My
Religious Ritual is to be chief Ambassador for the U.S. for
reviewed and liberally construed the complaint, the Court is
unable to discern plaintiffs claims. The Federal Rules of
Civil Procedure require litigants to formulate their
pleadings in an organized and comprehensible manner. Even pro
se plaintiffs are required to set out not only their alleged
claims in a simple, concise, and direct manner, but also the
facts in support of such claims. See McNeil v. United
States, 508 U.S. 106, 113 (1993). Here, plaintiff has
not done so. While this Court must liberally construe pro se
filings, this Court will not construct claims or assume facts
that plaintiff has not alleged. See Stone v. Harry,
364 F.3d 912, 914-15 (8th Cir. 2004) (refusing to supply
additional facts or to construct a legal theory for the pro
se plaintiff that assumed facts that had not been pleaded).
Additionally, plaintiffs allegations and his prayer for
relief are nonsensical, and indeed "rise to the level of
the irrational or wholly incredible." Denton,
504 U.S. at 33. The Court therefore finds that plaintiffs
allegations are clearly baseless as defined in
Denton. The Court will therefore dismiss this action
as frivolous and for failure to state a claim upon which
relief may be granted.
IT IS HEREBY ORDERED that plaintiffs motion
for leave to proceed in forma ...